05/26/2015

5th Circuit keeps DAPA and expanded DACA on hold

Today the 5th Circuit refused to lift the injunction on Deferred Action for Parents (DAPA) and expanded Deferred Action for Children (DACA+). In a split decision (2-1), the court ruled that the government has not made a case for going forward while the legality of the program is under review in the courts. The Administration may appeal to a full panel of the 5th Circuit or to the U.S. Supreme Court for a stay of the injunction.

The court ruled that the State of Texas had standing to sue because it would be required to issue driver's licenses to those granted deferred action.

This decision dealt only with whether to lift the injunction and did not address the legality of DAPA/DACA+. The 5th Circuit will consider the question of legality in July.